41686 Federal Register / Vol. 78, No. 133 / Thursday, July 11, 2013 / Rules and Regulations 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends 

controlled airspace at Worthington 

Municipal Airport, Worthington, MN. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL MN E5 Worthington, MN [Amended] 

Worthington, Municipal Airport, MN 

(Lat. 43°39′18′′ N., long. 95°34′45′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of Worthington Municipal Airport, and 

within 2 miles each side of the 000° bearing 

from the airport extending from the 7-mile 

radius to 11.6 miles north of the airport, and 

within 2 miles each side of the 176° bearing 

from the airport extending from the 7-mile 

radius to 11.1 miles south of the airport. 

Issued in Fort Worth, Texas, on June 24, 

2013. 

David P. Medina, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2013–16441 Filed 7–10–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0236; Airspace 

Docket No. 13–AGL–5] 

RIN 2120–AA66 

Modification of VOR Federal Airway V– 

345 in the Vicinity of Ashland, WI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies VHF 

Omnidirectional Range (VOR) Federal 

airway V–345 in the vicinity of 

Ashland, WI. The Ashland, WI, VOR 

Distance Measuring Equipment (VOR/ 

DME) navigation aid, which forms the 

northern end point of the airway, has 

been out of service for over ten months 

and is scheduled to be decommissioned. 

The FAA is removing the portion of V– 

345 affected by the loss of service by the 

Ashland, WI, VOR/DME. 

DATES: Effective date 0901 UTC, October 

17, 2013. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Airspace Policy and ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On March 26, 2013, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to modify V–345 in the vicinity of 

Ashland, WI (78 FR 18271). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on this proposal to 

the FAA. No comments were received. 

The Rule 

The FAA is amending Title 14, Code 

of Federal Regulations (14 CFR) part 71 

by modifying VOR Federal airway V– 

345 in the vicinity of Ashland, WI, due 

to the scheduled decommissioning of 

the Ashland, WI, VOR/DME. This action 

removes the airway segment between 

the Hayward, WI, VOR/DME and the 

Ashland, WI, VOR/DME navigation 

aids. 

VOR Federal airways are published in 

paragraph 6010(a) of FAA Order 

7400.9W signed August 8, 2012 and 

effective September 15, 2012, which is 

incorporated by reference in 14 CFR 

71.1. The VOR Federal airway listed in 

this document would be subsequently 

published in the Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 


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Federal Register / Vol. 78, No. 133 / Thursday, July 11, 2013 / Rules and Regulations 41687 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it modifies a VOR Federal airway due to 

navigation aid infrastructure changes. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, Environmental Impacts: 

Policies and Procedures, paragraph 

311a. This airspace action consists of a 

modification of an existing airway and 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the FAA Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6010(a)—Domestic VOR Federal 

Airways 

* * * * * 

V–345 [Amended] 

From Dells, WI; INT Dells 321° and Eau 

Claire, WI, 134° radials; Eau Claire; to 

Hayward, WI. 

Issued in Washington, DC, on July 1, 2013. 

Gary A. Norek, 

Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2013–16443 Filed 7–10–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2013–0558] 

RIN 1625–AA00 

Safety zone; Ohio River, Mile 469.4– 

470.0; Bellevue, KY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all waters of the Ohio River, surface to 

bottom, extending from Ohio River mile 

469.4 to mile 470.0. This temporary 

safety zone is necessary to protect 

commercial and recreational vessels 

from fireworks fallout associated with 

the City of Bellevue Beach Park Concert 

fireworks display. During the period of 

enforcement, no vessels may be located 

within this Coast Guard regulated area 

and entry into this Coast Guard 

regulated area is prohibited unless 

specifically authorized by the Captain of 

the Port Ohio Valley or other designated 

representative. 

DATES: This rule is effective from 10 

p.m. to 10:45 p.m. on July 13, 2013. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2013–0558. To view documents 

mentioned in this preamble as being 

available in the docket, go to http:// 

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Denise Buckingham, 

Marine Safety Detachment Cincinnati, 

Coast Guard; telephone 513–921–9033, 

email Denise.M.Buckingham@uscg.mil. 

If you have questions on viewing or 

submitting material to the docket, call 

Barbara Hairston, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

USACE United States Army Corps of 

Engineers 

A. Regulatory History and Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. The Coast Guard was 

made aware of this fireworks display on 

June 17, 2013. An NPRM is 

impracticable in the time remaining 

before the event. This display presents 

potential hazards associated with a 

fireworks display over or on the Ohio 

River and a safety zone is required to 

protect persons and property on or near 

the waterway during the display. 

Providing notice and comment through 

the NPRM process would be 

impracticable as it would delay this rule 

and the safety measures it provides. 

For the same reasons, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Providing a full 30 days notice would be 

impracticable and would unnecessarily 

delay the effective date of this rule. 

Delaying the effective date would also 

be contrary to public interest since 

immediate action is necessary to protect 

persons and property from potential 

hazards associated with a fireworks 

display on the Ohio River. 

B. Basis and Purpose 

A fireworks display is planned to 

conclude the City of Bellevue Beach 

Park Concert on July 13, 2013. This 

display will feature fireworks being 

launched between miles 469.4 and 

470.0 on the Ohio River at Bellevue, 

Kentucky. The Coast Guard determined 

that a safety zone is necessary to keep 

persons and property clear of any 

potential hazards associated with the 

launching of fireworks on or over the 

waterway. 

The legal basis and authorities for this 

rule are found in 33 U.S.C. 1231, 46 

U.S.C. Chapter 701, 3306, 3703; 50 

U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 

6.04–6, and 160.5; Pub. L. 107–295, 116 

Stat. 2064; and Department of 

Homeland Security Delegation No. 


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